Scallop - Newfoundland and Labrador Region

Foreword

This is an evergreen Integrated Fisheries Management Plan (IFMP) for scallop fisheries in NAFO Divisions 2HJ, 3KLNOPsn, and 4R, developed in consultation with scallop fish harvesters and other stakeholders.

The purpose of this IFMP is to identify the main objectives and substantive elements of the management for the scallop fishery, as well as the management measures that will be used to achieve these objectives. This document also serves to communicate the basic information on the fishery and its management to licence holders, DFO staff, legislated co-management boards, and other stakeholders. This IFMP provides a common understanding of the basic “rules” for the sustainable management of the fisheries resource.

This IFMP is not a legally binding instrument which can form the basis of a legal challenge. The IFMP can be modified at any time and does not fetter the Minister's discretionary powers set out in the Fisheries Act.  The Minister can, for reasons of conservation or for any other valid reasons, modify any provision of the IFMP in accordance with the powers granted pursuant to the Fisheries Act.

Where DFO is responsible for implementing obligations under land claim agreements, the IFMP will be implemented in a manner consistent with these obligations. In the event that an IFMP is inconsistent with obligations under land claim agreements, the provisions of the land claim agreements will prevail to the extent of the inconsistency.

As with any policy, the Minister retains the discretion to make exceptions to, or to change, this policy at any time. It is, however, DFO’s expectation and intention to follow the management process set out in this IFMP, with a view to contributing to increased certainty and direction for the Lobster fishery in Newfoundland and Labrador.

This IFMP was developed in 2019 and it will be in effect until it is replaced. While the elements of this plan will remain in effect indefinitely, quotas (if applicable) are subject to annual review and may be adjusted based on updated Science information. This could include changes to the total allowable catch (TAC), as well as adjustments to annexes and website listings. 

Jacqueline Perry
Regional Director General
Newfoundland and Labrador Region

1. Overview of the fishery

1.1. History of the fishery

The Iceland scallop (Chlamys islandica) fishery in Newfoundland and Labrador initially began in the Strait of Belle Isle, NAFO Division 4R, in the late 1960’s, later expanded to the St. Pierre Bank, NAFO sub-Division 3Ps, in the late 1980’s and the Grand Bank, NAFO Division 3N, in 1993. In addition, there are Iceland scallop fisheries in Labrador, NAFO Divisions 2HJ. The Sea scallop (Placopecten magellanicus) fishery is predominantly a NAFO sub-Division 3Ps fishery only, with low catches elsewhere in the province.

Initially the entire Iceland scallop catch in NAFO sub-Division 3Ps was taken by Canadian harvesters; however, a decision by the International Court of Arbitration in 1992 resulted in jurisdictional changes over the waters of Newfoundland and Labrador near St. Pierre and Miquelon, France. Following that decision, and since 1995, an annual joint total allowable catch (TAC) has been established for Iceland scallop in a defined area overlapping Canada-France waters, known as the Core Area. France and Canada are each allocated a percentage of this allocation, 70% and 30% respectively. Since 2006 the TAC was 1,650 metric tonnes (t), 1,155 t and 495 t respectively, until 2018 when the overall TAC was reduced by 40%, a reduction in quotas to 693 t and 297 t respectively.

Both the inshore (less than 65’ LOA) and offshore (greater than 65’ LOA) fleets participate in the Sea scallop fishery in NAFO sub-division 3Ps.  Prior to 1996 the Sea scallop TAC was applied only to the offshore fleet. Following the recommendations of the Hooley Report in 2006, specific Sea scallop fishing areas and TACs were applied to each fleet. The offshore fleet is led by DFO Maritimes Region and information about the offshore scallop fishery may be found in a separate Integrated Fisheries Management Plan.

The fishery in NAFO Division 4R is predominantly for Iceland scallop and occurs in three main scallop beds. The three beds have been called Bed 1, 2, and 3. Bed 1 (the Northern Bed) is the most northerly, Bed 3 (the Southern Bed) is the most southerly, and Bed 2 is in between Beds 1 and 3. Aggregations in the southern bed were heavily prosecuted throughout the 1990’s. In an attempt to redistribute effort to the other beds, it was decided in 2000 to partition the TAC equally north and south of the 51°25’ North latitude line. As well, in 2000, a refugium between the north and south beds was created in an effort of promoting survival of newly settled scallop in the absence of fishing. A review of the benefits of the refugium in 2009 conducted that there were limited benefits to the resource, and in consultation with stakeholders, it was eliminated from the management approach. In 2014, representatives of the fish harvesters and Nalcor requested an area of the Strait of Belle Isle to he closed to scallop dragging to protect a submarine transmission cable and berm. The coordinates of the closed area are found in Section 7.14.

Landings of Iceland scallop n Newfoundland and Labrador are recorded since 1992, and has had its best year in 1996 with 11, 589 t. Landings from the Sea scallop fishery date back to 1989, and had it best year in 2004 at 3,492 t, prior to a quota being implemented.

In NAFO Division 3LNO, the introduction of inshore shrimp licences in 1997 caused a redistribution of effort from scallop harvesting to Northern Shrimp harvesting. Today, the Northern Shrimp fishery remains the prevalent fishery when compared to Scallop. There have not been any landings in the Lilly Carson Canyon since 2006.

1.2. Type of fishery

The scallop fishery is prosecuted in three separate types of fisheries: a commercial fishery, an aboriginal food, social, and ceremonial (FSC) fishery, and a recreational fishery. In addition, access may be granted for scientific and educational purposes.

The commercial scallop fishery in Newfoundland and Labrador targets both Iceland scallop and Sea scallop. Although the Iceland scallop fishery is the most prevalent in the region, the Sea scallop fishery in 3Ps is the most lucrative.

Traditionally, the commercial Scallop fishery had numerous sub-areas with allocations to spread effort across a NAFO Division; however, due to a decline in Scallop fishing activity in recent years, there are now only four areas where a quota is assigned. These are in NAFO sub-Division 3Ps on the Sea scallop Northern Bed, the 3Ps Core area for Iceland scallop, and in NAFO Division 4R 14A north and 14A south for Iceland scallop.

1.3. Participants

In 2018, there were 771 commercial inshore fish harvesters, with less than 89’11” enterprises licensed to fish Scallop in Newfoundland and Labrador. In addition, there are three 65’-99‘ LOA vessels licenced to conduct an exploratory fishery in 3LNO outside the 200 mile limit, and one 65’-99‘ LOA offshore licence in 3Ps to harvest Iceland scallop. There were 3,598 recreational Scallop licences issued. As well, two licences are issued for FSC purposes. The numbers of licence holders for the commercial, communal, and recreational fisheries can be found in Appendix 1.

1.4. Location of fishery

The Scallop fishery in the Newfoundland and Labrador Region occurs in multiple distinct fishing areas, known as Scallop Fishing Areas (SFA). The fishery generally takes place in northern (SFA 1) and southern (SFA 2) Labrador, St. Mary’s Bay (SFA 9), the Lilly Carson Canyons in 3N, outside 200 mile limit in 3LNO, NAFO Division 3Ps (SFAs 10 & 11), and in the Gulf of St. Lawrence (SFA 14). Traditionally, the fishery occurred in NAFO Division 3N at the Lilly Carson Canyons, but to due to poor economic viability (i.e. fuel costs and limited catches), this fishery has not been prosecuted for a number of years. Maps of the fishing areas can be found in Appendix 4.

1.5. Fishery characteristics

Gear – Participants in the commercial fishery use a Scallop drag. In NAFO Division 4R a further restriction is in effect, where the maximum combined width of buckets, drags or single drag that may be operated from the vessel is thirteen feet (13').

The recreational fishery authorizes various gear types, but there are restrictions in effect. Licence holders may harvest Scallop by scuba, dip-netting, throughout Newfoundland and Labrador; and by drag in Scallop Fishing Areas 1 to 4, 10 and 11, limited to one drag per boat, the drag must not include a hydraulic device or a mechanical device.

Seasons – The various commercial Scallop fishing areas (SFA) have differing fishing seasons. Traditionally the fishery opens in April and closes in December, but fishing generally occurs from June to October; however, the less than 40’ fishery in 3Ps opens in mid-January.

The recreational Scallop fishery is open from early January until December 31 annually.

Management Style – This commercial fishery is based on input controls such as limited entry and quotas in some management areas. Scallop is fished on a competitive basis.

1.6. Governance

The Newfoundland and Labrador scallop fishery is governed by the Fisheries Act, regulations made pursuant to the Act, and departmental policies. The key regulations and policies that apply include, but are not limited to:

• Aboriginal Communal Fishing Licences Regulations
• Atlantic Fishery Regulations 1985
• Fishery (General) Regulations
• Fisheries Licencing Policy of Newfoundland and Labrador Region
• Commercial Fisheries Licencing Policy for Eastern Canada, 1996

The Fisheries Licencing Policy of Newfoundland and Labrador Regionprovides details on the various licensing policies that govern the commercial fishing industry in the Newfoundland and Labrador Region. Fisheries and Oceans Canada (DFO) should be consulted for all purposes of interpreting and applying this document.

Advisory meetings for NAFO Divisions 2J, 3KLNO, and 4R are held every five years, and in sub-Division 3Ps an advisory meeting is held every three years. Invitations are extended to fish harvester committees representing the different fleet sectors, the Fish Food and Allied Workers Union (FFAW), the Association of Seafood Producers (ASP), the Government of Newfoundland and Labrador, and the Nunatsiavut Government. At each meeting there is a discussion of current management measures, an update on the latest science information, and discussions on priorities for the upcoming fishery. Harvesters provide a synopsis of the past years’ fishery in their respective areas, which includes their views on the state of the resource and recommendations for management measures, including quota levels if applicable, for the upcoming seasons.

1.7. Approval process

This Integrated Fisheries Management Plan is approved by the Regional Director General of Newfoundland and Labrador region. Opening and closing dates for specific areas are determined by DFO area staff in consultation with the fish harvesters. Other issues that arise will be addressed through an advisory process. Any changes to licence conditions are tabled by DFO officials at advisory meetings.

2. Stock assessment and science

2.1. Biological synopsis

The Sea scallop is confined to the Northwest Atlantic, and ranges from the Northern Gulf of St. Lawrence to Cape Hatteras, North Carolina. It is normally found in waters between depths of 10 to 100 m. Fishable aggregations are found from the Virginia Capes to Port au Port Bay, NL, with Georges Bank, off Nova Scotia being the world’s largest producer of Sea scallops. The Sea scallop fishery on the St. Pierre Bank is a pulse fishery, largely dependent on sporadic recruitment. Scallops begin to recruit to the fishery at about age four years. Sea scallops are found on highly variable substrates. On St. Pierre Bank, they are generally found on fine and coarse sand, gravel, small rocks, and shell fragments. The Sea scallop is a filter-feeder, consuming plankton and detritus, and is associated with areas of strong currents.

Unlike many species of Scallops, this species is gonochoric, having one of two distinct sexes for its lifetime. Sea scallops can become sexually mature as early as age one year, but their first spawning does not occur until their second year at a shell height ranging from 23 to 75 mm. Spawning in Newfoundland waters begins in July and may be initiated by changes in temperature, food supply, and current speed. Eggs are externally fertilized and larvae are planktonic for 35 to 45 days before settling to the bottom, possibly at considerable distances from the spawning adults, depending on currents. Sea scallops have been known to live up to 21 years. Adults commonly reach shell heights between 100 to 150 mm, and have even been found at sizes greater than 200 mm.

The Iceland scallop is widely distributed within the sub-Arctic, but is also found in fishable aggregations as far south as the coast of Massachusetts. Populations of Iceland scallop off Newfoundland and Labrador are usually found at depths of 50 to 200 m, usually on hard substrates, consisting largely of sand, gravel, shell fragments, and stones. The Iceland scallop is a filter-feeder, consuming plankton and detritus, and is associated with areas of strong currents. To reside in such areas, the Scallop is attached to the substrate by a byssal thread.

Unlike other Scallops the byssus is maintained to the adult stage. Like the Sea scallop, the Iceland scallop is also dioecious (having separate sexes). Iceland scallops become sexually mature at three to six years of age and fully recruit to the commercial fishery at 60 mm shell height (about age 9). Spawning in Newfoundland waters begins in April to May and is thought to be initiated by short-term variation in temperature. Eggs are externally fertilized and larvae are planktonic for as long as 10 weeks before settling to the bottom, possibly at considerable distances from the spawning adults. Iceland scallops frequently live more than 25 years, but seldom exceed 100 mm in shell height.

2.2. Stock assessment

The assessment of Sea Scallop in 3Ps and Iceland Scallop in 3Ps, 4R, and the Lilly Carson Canyons in 3LNO can be found in on the following websites:

Iceland Scallop in the Strait of Belle Isle and the Lilly Carson Canyons

Iceland Scallop in the Canada-France Transboundary Zone of St. Pierre Bank (3Ps)

Sea Scallop on the St. Pierre Bank (3Ps)

2.3. Precautionary approach

At this time, a Precautionary Approach (PA) framework has not been implemented for the Scallop fishery in Newfoundland and Labrador.

3. Economics of the fishery

3.1. Socio-Economic Summary 2001-2014

There are two species of Scallop harvested in the Newfoundland and Labrador Region – Iceland Scallop and Sea Scallop. There is some annual variability in the landings of both species (Table 1).

Over the 2008 to 2017 time period, participation levels (i.e. the number of enterprises with Scallop landings) averaged 47 enterprises per year, ranging from 38 enterprises in 2008/2009 to 59 in 2012. 

3.2. Landings and landed value (2008-2017)

From 2008 to 2017, total Scallop landings in the NL Region averaged 1,266 tonnes per year, ranging from 456 tonnes in 2008 to 1,581 tonnes in 2012. Landed value ranged from $0.8 million in 2008 to $3.6 million in 2016.

Iceland Scallop landings showed a general upward trend, peaking in 2017 at 647 tonnes and a landed value of $1.2 million (Figure 1).

Source: Policy and Economics Branch – NL Region
Data between 2008 and 2017 is preliminary and subject to revision

Sea Scallop landings peaked in 2012 at 1,257 tonnes(Figure 2). Landed value peaked in 2015 at $3 million. Landings and value have declined since 2015, to 856 tonnes landed in 2017 with a landed value of $2.3 million.

Source: Policy and Economics Branch – NL Region
Data between 2008 and 2017 is preliminary and subject to revision

Since 2008, the average price of Sea Scallop has ranged between $1.54/kg in 2009 to $2.92/kg in 2016, with a 10 year average price of $2.17/kg (Figure 3). The average price of Iceland Scallop ranged from $1.30/kg in 2010 to $1.96/kg in 2013, with a 10 year average price of $1.67/kg.

Source: Policy and Economics Branch – NL Region
Data between 2008 and 2017 is preliminary and subject to revision

3.3. Spatial Analysis (2008-2017)

Since 2008, Scallop has been landed by enterprises with homeports in NAFO Divisions 2J, 3L, 3Ps and 4R, with the majority of landings occurring in NAFO Divisions 3Ps. Since 2008, 3Ps accounted for 52% of all Scallop landed in the Region, peaking at 80% in 2015.

Since 2012, Sea Scallop has primarily been harvested by enterprises homeported in NAFO Division 3Ps. Since 2008, Icelandic Scallop has primarily been harvested by enterprises homeported in NAFO Division 4R, although it was primarily harvested in 3PS during 2016 and 2017.

3.4. Dependence on Scallops (2017)

In 2017, 45 enterprises landed Scallop in the NL Region. On average, these enterprises were dependent on Scallop for 43% of their total fishing revenue, followed by Sea Cucumber (17%), Crab (15%), Lobster (14%) and Other (11%).

3.5. Scallop Exports (2017)

In 2017, France and Hong Kong were the largest export destinations for Scallop from the NL Region, accounting for more than 77% of total NL Scallop export value. Smaller amounts of Scallop were exported to the United States, China, Australia, Singapore, United Kingdom, Viet Nam, and Denmark (Table 2). 

4. Management issues

4.1. Gear Conflicts

There have been concerns from 3Ps Scallop draggers encountering Whelk gear due to poor gear markings. Scallop drags may run though Whelk gear if it is not identifiable with high flyers or buoys. While there is a regulatory requirement for mobile gear vessels to maintain a distance of at least one half nautical miles from a previously set fishing gear, if gear is not marked and cannot be seen, it cannot be avoided.

4.2. Habitat considerations

For a number of years, there have been concerns regarding the effect of Scallop dragging on Lobster habitat. Lobster fish harvesters have noted damage by Scallop draggers continuously towing over the Lobster habitat.  As Scallop dragging activity increases, the more concerns are raised by Lobster fish harvesters. In some areas, DFO has implemented a number of mitigation measures to protect lobster and lobster habitat from the effects of dragging, such as seasonal closed areas and seasonal closures by water depth.

4.3. Geographical fleet separation in 3Ps

In 2006, the department implemented a sharing arrangement for the Sea scallop fishery in 3Ps following a report and recommendations of an independent review of access and allocation in the scallop fishery. The offshore fleet has exclusive access to the Middle and South Scallop Beds on the St. Pierre Bank and the inshore fleet has exclusive access to the Northern Scallop Bed. The map of these areas can be found in Appendix 4.

4.4. Contaminated Shellfish Sanitation Program (CSSP)

CSSP closed areas are implemented by the Canadian Food Inspection Agency (CFIA), DFO, and Environment Canada (EC) for food safety, and not for conservation concerns. An accepted depuration plan for contaminate scallops is to retain the adductor muscle only. DFO issues permits to allow commercial fishing in CSSP closed areas mandating that only the adductor muscle (meat) of the scallop can be retained. In doing so, the adductor muscle must be free of all roe and viscera and all scallop harvested must be shucked on board in the contaminated area. In addition, harvesters are not permitted to harvest scallop in a CSSP closed area and any other areas during the same fishing trip. Failure to abide by these harvesting conditions could pose a human health risk if contaminated products are consumed.

4.5. Monitoring

There are limited reporting requirements for the less than 40’ Scallop fleet. The revenue from the Scallop fishery is low and the cost of implementing Dockside Monitoring (DMP) and electronic vessel monitoring systems (VMS) is cost prohibitive. 

4.6. Oceans initiatives in marine conservation

The Government of Canada has achieved its target of protecting 5% of Canada’s marine and coastal areas by the end of 2017 and remains committed to protecting 10% by 2020. The 2020 target is both a domestic target (Canada’s Biodiversity Target 1) and an international target as reflected in the Convention on Biological Diversity’s Aichi Target 11 and the United Nations General Assembly’s 2030 Agenda for Sustainable Development under Goal 14. The 2017 and 2020 targets are collectively referred to as Canada’s Marine Conservation Targets. More information on the background and drivers for Canada’s Marine Conservation Targets is available here.

To meet these targets, Canada is establishing Marine Protected Areas (MPAs) and “other effective area-based conservation measures” (Other Measures), in consultation with industry, non-governmental organizations, and other interested parties. An overview of these tools, including a description of the role of fisheries management measures that qualify as Other Measures is available in the Marine Protected Areas, Areas of Interest and Other Measures section. Some existing Fisheries Act closures have met the criteria for “other measures”.

In recognition of the need to sustainably manage Canada’s fisheries and oceans using an ecosystem approach with a focus on conserving biodiversity, DFO is leading initiatives in marine conservation planning in the Newfoundland and Labrador Region. A network of Marine Protected Areas (Oceans Act MPAs and other protected areas) and Other Measures (e.g. Fisheries Act closures) is currently being developed in the NL Shelves and the Estuary and Gulf of St. Lawrence (EGSL) Bioregions.

The NL Shelves Bioregion covers approximately one million km2 (Figure 4), extending from Cape Chidley at the northern tip of Labrador to the southern Grand Banks and the south coast of Newfoundland. The EGSL Bioregion covers 231,193 km2, bounded to the east by a jagged line that stretches from approximately Bay St. Lawrence, Nova Scotia to Port-aux-Basques, NL, and to the north by a line drawn south of Henley Harbour, NL to approximately Raleigh, NL and along Quebec’s southern coast to the west.

Ecologically and Biologically Significant Areas (EBSAs) which have been identified within the two Bioregions will play an important role in the MPA Network (Figure 5).

The primary goal of the MPA Networks is to provide long-term protection of marine biodiversity, ecosystem function and special natural features. Various Other Measures are currently in place within the EGSL and NL Shelves Bioregions. Several of these closures, including the Division 3O Coral, Hatton Basin Conservation Area, Hopedale Saddle, and Northeast Newfoundland Slope, have a conservation objective to protect corals and sponges by prohibiting bottom contact fishing; the Funk Island Deep and Hawke Channel closures conserve benthic habitat and Atlantic Cod by prohibiting bottom trawl, gillnet and longline.

There are also two inshore Oceans Act MPAs, both established in 2005: Gilbert Bay on the southeast coast of Labrador was designated to conserve and protect Golden Cod and its habitat; and Eastport located off Central Newfoundland’s Eastport Peninsula, designated to maintain a viable population of American Lobster. The Laurentian Channel Proposed MPA is located off the southwest coast of NL. It covers an area of 11,619 km2 with regulations aimed to conserve biodiversity by reducing risk and harm posed by human activities.

DFO also provides for the sustainability and ongoing productivity of commercial, recreational, and aboriginal fisheries through application of the fisheries protection provisions of the Fisheries Act.  A key provision of the Act is subsection 35(1), which prohibits the serious harm to fish that are part of a commercial, recreational, or aboriginal fishery, or to fish that support such a fishery without an authorization from the Minister.  In line with DFO’s Fisheries Productivity Investment Policy, proponents of projects that are authorized to cause serious harm are required to offset that harm to maintain and enhance the productivity of the fishery.

4.7. International issues

The United States (US) is implementing the import provisions of the Marine Mammal Protection Act following court direction. The import rule requires countries exporting fish and fish products to the US to demonstrate that they have regulatory measures in place that are comparable in effectiveness to those of the US for reducing marine mammal incidental mortality and serious injury in commercial fisheries. Countries who fail to obtain such comparability measures to the US for their export fisheries by January 1, 2022, will be prohibited from entering the US market.

Canada is currently working towards demonstrating appropriate measures are in place in all Canadian fisheries.

5. Objectives

DFO strives to manage the Scallop fishery in Newfoundland based on the principles of stock conservation and sustainable harvest, as well as ecosystem health and sustainability. Using the following short and long-term objectives as guideposts, various management measures have been implemented or are being developed that will maximize the benefit of this resource.

5.1. Long-term objectives

• Promote the sustainable utilization of scallop stocks to provide commercial sustainability for harvesters.
• Mitigate the impacts on other species, habitat, and the ecosystem where Scallop fishing occurs, protecting biodiversity and ecosystem structure and function.
• Ensure that reliable and adequate information is collected for fisheries management and science
• Address eco-system impacts
• Promote stewardship by stakeholders
• Promote a co-management approach, providing licence holders with an effective sharing of responsibility, accountability and decision making, within the constraints of the Fisheries Act.
• Support economic prosperity in the fishing industry
• Achieve high compliance rates through effective monitoring and compliance programs

5.2. Short-term objectives

• Continue to mediate a resolution to the scallop-lobster gear conflicts in 3Ps
• Improved monitoring of fishing activity both spatially and temporally
• Improved monitoring of by-catch or mortality of non-target species
• Promote the development and use of good fishing practices
• Monitor and ensure compliance

6. Access and allocation

6.1. Access

The Scallop fishery is a limited entry fishery. Access is granted through the issuance of licences authorized under the absolute discretion of the Minister, as per section 7 of the Fisheries Act. The Minister can, for reasons of conservation or for any other valid reasons, modify access, allocations, and sharing arrangements as outlined in this IFMP in accordance with the powers granted pursuant to the Fisheries Act.

There are new commercial Scallop licences available in Scallop Fishing Areas (SFA) 1 in accordance with the Labrador Inuit Land Claims Agreement (LILCA) which allows access to that portion of SFA 2 which is the southern boundary of the Labrador Inuit Settlement Area (LISA).

There are no new commercial licences available in SFAs 2-14. Only fish harvesters who held a licence in the previous year will be eligible for renewal of that licence in the current year. However, an eligible fish harvester may acquire a Scallop licence by receiving one through reissuance from an existing licence holder. 

There are recreational Scallop licences available in all Scallop Fishing Areas to any person 16 years old and older. The number of recreational Scallop licences fluctuates each year.

Fish harvesters should consult with a DFO licensing office to discuss any additional licensing policies that may have implications for the reissuance of a Scallop licence.

Exploratory Fishery

Since 1995, there have been three exploratory licences issued to mid-shore vessels, 65’-99’ LOA, to fish in areas outside 200 miles in 3LNO. There are no new licences available. Only companies who held a licence in the previous year will be eligible for renewal of that licence in the current year. However, an eligible company may acquire a Scallop licence by receiving one through reissuance from an existing licence holder. 

Offshore Fishery

Since 1995, there has been one offshore licence issued in 3Ps to harvest Iceland scallop.

Aboriginal Access

The Aboriginal Fisheries Strategy Program (AFS) is designed to encourage Aboriginal involvement in commercial fisheries and related economic opportunities. The Allocation Transfer Program (ATP) component of AFS has been the primary instrument used to voluntarily retire licences from the commercial fishery and subsequently transfer to Aboriginal groups on a communal basis. Any Scallop fishing licences acquired for Aboriginal groups and organizations through the AFS program are subject to the same management measures as those applied to non-aboriginal commercial licences. While ATP has been the primary instrument, Aboriginal groups have also acquired fishery access through self-funding initiatives, without the use of ATP. These licences are subject to all prescribed commercial management measures.

6.2. Quotas and allocations

Traditionally, the commercial Scallop fishery in Newfoundland and Labrador had numerous areas with allocations, but due to a decline in Scallop fishing activity and a lack of scientific surveys in recent years, there are currently three areas where a Total Allowable Catch is assigned.

A TAC exists for Sea scallop in SFAs 10 and 11, within NAFO sub-division 3Ps. As well, SFA 14 north and south, in NAFO Division 4R, has a TAC for Iceland scallop. Scallop Fishing Areas 1 to 9, 12, and 13 do not have an assigned Scallop quota and are managed through effort control mechanisms such as gear limitations and season lengths. The 2018 TAC for Scallop in each area is in Appendix 2.

6.3. Fishing Areas

7. Management measures

7.1. Fishing seasons

Commercial fishing seasons throughout the province differ based on the various Scallop Fishing Areas. Traditionally the less than 40’ fishery in 3Ps opens in mid-January, whereas the remainder of 3Ps opens in early April. Generally, other Areas (2HJ, 3KLNO, 4R) open in June or after the Lobster fishery closes. SFA 14B, south of Ferrolle Point, will open after the quota is taken in 14A. The fishery continues through to November. The 3Ps Sea scallop fishery will close when the TAC has been taken, or on December 31, whichever comes first. 

The recreational Scallop fishery is open from early January until December 31 each year. 

7.2 Total Allowable Catch (TAC)

Traditionally, the commercial Scallop fishery had numerous sub-areas with allocations to spread effort across a NAFO Division; however, due to a decline in Scallop fishing activity in recent years, there are now only four areas where a TAC is assigned. These are in NAFO sub-Division 3Ps on the Northern Bed for Sea scallop, the 3Ps Core Area for Iceland scallop, in NAFO Division 4R 14A north and 14A south for Iceland scallop.

Scientific advice and assessments are the basis for the determination of the TAC. The TAC for Scallop is determined when there is new science advice. After each assessment the TAC may fluctuate as dictated by the science advice. As the TAC increases or decreases, quotas are adjusted as required. The quota table can be found in Appendix 2.

Conversion factors: Harvesters often discuss scallop in meats rather than round weight. There are conversion factors to convert round weight to meat weight for both Iceland and Sea scallop. Iceland scallop conversion factor is 9.2, and the Sea scallop conversion factor is 8.3. For example, if the round weight for Sea scallop is 1000 t, then this would be 121 t meats.

7.3. Harvest and possession limits

In the commercial fishery in SFA 11 (Fortune Bay), when fishing north of 46° 53’ North Latitude, the maximum amount of Scallop meats which may be harvested during any one week is 1000 lbs.

In the commercial fishery in SFA 14 the maximum quantity of Scallop that may be taken in any one week are a maximum of 9014 kg (shell stock), a maximum of 1225 kg of meat, or a combination of shell stock meat is authorized to be landed in one trip (provided that the total weight of shell stock, plus 7.36 times the total weight of the meat, does not exceed 9014 kg).

In the recreational Scallop fishery, the maximum number of Scallop authorized to be harvested daily (daily bag limit) is 50 Scallop. The maximum number of Scallop authorized to be held in a person’s possession at any one time (possession limit) is 100 Scallop.

7.4. Quota reconciliation

Quota reconciliation is the process of automatically deducting inadvertent quota overruns on a one-for-one basis from one year to the next for all commercial sectors participating in the Scallop fishery where a TAC is applicable. In an effort to address quota overruns DFO began implementation of quota reconciliation for the Scallop fishery in 2010. Current year quota overruns are reconciled prior to the start of the subsequent fishing season. 

Quota reconciliation is not a penalty or sanction; it is an accounting of overruns to ensure that quotas are respected. DFO will close fisheries when established quotas are reached or projected to be reached. Those who continue to fish after the closure will be subject to prosecution.

7.5. Gear

The harvest method for the commercial fishery is a Scallop drag. The Atlantic Fisheries Regulations, 1985 define a Scallop drag as a “type of Scallop fishing gear towed in the sea by a vessel and that consists of a bag-like net of steel meshes and twine meshes, the closed end of the net having attached to it a dumping bar and the open end of the net being attached to a steel rectangular frame, and includes any other similar fishing gear.” In NAFO Division 4R a further restriction is in effect, the maximum combined width of buckets, drags or single drag that may be operated from the vessel is thirteen feet (13').

The recreational fishery authorizes various gear types, but there are restrictions in effect. Licence holders may harvest Scallop by scuba, dip-netting, throughout Newfoundland and Labrador; and by drag in Scallop Fishing Areas 1 to 4, 10 and 11, limited to one drag per boat, the drag must not include a hydraulic device or a mechanical device. Scuba is defined as any sort of diving regardless of the actual gear used. The use of drags is not authorized in Scallop Fishing Areas 5 to 9, and 12 to 14.

7.6. Logbooks

Completing a logbook is mandatory under Section 61 of the Fisheries Act. Fish harvesters are required to record information about fishing catch and effort, and submit this data as specified in the condition of licence. Complete and return logbooks to DFO when fishing commercial Scallop. Logbooks must be completed accurately, in accordance with instructions provided. Logbook data is vital to both monitoring catch and for the science assessment process. Early return of logbooks is essential to ensure all logbook data is available for science assessments on a timely basis. The mandatory completion and return of logbook requirement is managed as a condition of licence and for scallop, applies to licence holders in 3Ps and 4R.

Logbooks are not required in the recreational Scallop fishery.

7.7. Dockside monitoring

The Department requires accurate and timely landings information in order to ensure the TAC is not overrun, and to ensure fish harvester’s catches are accurately accounted. The objective of the Dockside Monitoring Program (DMP) is to provide accurate, timely, and independent third party verification of landings. DMP constitutes one of the primary sources of landing information on which the management of the fishery is based. The fishing industry and the Department are therefore dependent on the accurate verification of landings by Dockside Monitoring Corporations (DMCs). All DMP costs are the responsibility of individual fish harvesters or fishing fleets. It is also the responsibility of license holders to ensure that monitors who oversee the offloading of catches are certified by Fisheries and Oceans Canada. The dockside monitoring requirement is managed as a condition of licence for the greater than 40’ fleets in 2J, 3KLPs, and for all licence holders in 4R.

Dockside monitoring is not required in the recreational Scallop fishery.

7.8. At-sea observers

The At–Sea Observer Program was designed to collect unbiased fisheries data for science, resource management and compliance and deterrence purposes. This important component of fishery management provides information and an at-sea presence while fisheries are on-going. At-Sea Observers (ASO) observe, record and report detailed biological and fishery data, such as fishing effort and all catch data, fishing gear type, fishing location, etc. 

The fishing industry will be responsible for the payment of fees to cover at-sea observer coverage. Fishers will be required to carry at-sea observers at the request of DFO. Licence conditions are not valid unless a letter of arrangement from the observer company is attached confirming payment of observer fees. All fleets will contribute to the overall observer coverage for the Scallop fishery. The at-sea observer requirement is managed as a condition of licence for the ≥ 40’ fleets in 2J, 3KLPs, and for all licence holders in 4R.

At–Sea Observer coverage is not required in the recreational Scallop fishery.

7.9. Vessel monitoring system

As a means to ensure compliance with regulations regarding the area fished, mandatory use of the electronic vessel monitoring system (VMS) is required for the greater than 40’ licence holders in 2HJ, and 3KLPs. By utilizing VMS in the fishery there will be more accurate, complete and detailed statistical information on the location and timing of fishing activity for DFO Science and Fisheries Management, and improved compliance for restricted areas and more efficient deployments of C&P resources. 

Most vessels 40’ and greater directing for Scallop are required to have an automatic location and communication (ALC) device that will transmit the vessel’s position to DFO. Fish harvesters are responsible for covering the cost of the ALC device, its installation on-board their vessel, and the cost of operations. The VMS requirement is managed as a condition of licence.

VMS is not required in the recreational Scallop fishery.

7.10. Vessel class

Vessel classes are used for the proper management and control of the fishery. In the Scallop fishery vessel classes are used to open and close the fishery for a specific fleet(s) in a specific area(s). Appendix 5 identifies the most recent vessel class list for the Scallop fishery. The Vessel class requirement is a requirement under Section 2(7) of the Atlantic Fishery Regulations, 1985 and is managed as a condition of licence.

Vessel classes are not required in the recreational Scallop fishery.

7.11. Additional 3Ps provisions

Core Zone – Iceland Scallop - The provisions of the Proces-verbal agreement signed between Canada and France in 1994 includes access and allocations for Iceland scallop. In a rectangular shaped zone that was defined as the main fishing area for Iceland scallop in 3Ps, Scallop Fishing Area 11, known as the “Core Zone”, encompasses both French and Canadian fisheries waters. In this area Canada and France share the Iceland scallop quota in the area, 30%/70% respectively, and permit vessels from the other’s jurisdiction to fish in its waters. A map can be found in Appendix 4. The quotas can be found in Appendix 2.

Activity from each country is limited as outlined in the agreement which states, “with respect to the core zone … a maximum number of three vessels flying the flag of each Party may be authorized to fish simultaneously in the zone…”. Therefore, only three trip permits are issued at any one time. In addition, access to the Core Zone is restricted to only those nine enterprises that were involved in the development of the Iceland scallop fishery in the area at the time. In order to access French waters in the Core Zone, these nine harvesters must make a request to DFO who will request the permit on their behalf.

Core Zone – Unless issued a trip permit, all 3Ps Scallop licence holders are not authorized to fish in the core zone in SFA 11. The zone is defined as:

46° 52.7 minutes North latitude, 57° 28 minutes West longitude to
46° 52.7 minutes North latitude, 56° 29 minutes West longitude to
46° 30.0 minutes North latitude, 56° 29 minutes West longitude to
46° 30.0 minutes North latitude, 57° 28 minutes West longitude to
46° 52.7 minutes North latitude, 57° 28 minutes West longitude.

Core Zone – Sea Scallop - The Scallop fishery in 3Ps has changed over time. In recent years, fishing activity for Iceland scallop has been minimal and the Newfoundland and Labrador inshore fleet has been fishing for Sea scallop in Sub-division 3Ps. In 2011 DFO allowed 3Ps based Scallop licence holders to harvest for Sea scallop in the Canadian portion of the Core Zone. Only Sea scallop are permitted to be landed, all incidental catch must be returned to the ocean. Similar to the provisions of the Proces-verbal only three trip permits are issued at any one time.

Other- All 3Ps licence holders are required to separate Iceland scallop and Sea scallop on board the fishing vessel.

Harvesters in the less than 40’ fleet, are not permitted to fish both north of 47° North and south of 44° North during the same fishing trip. This provision is not applicable if an at-sea-observer is on-board the fishing vessel.

The catch limit for harvesters in the greater than 40’ fleet, when fishing north of 47° North in SFA 11 the maximum amount of Scallop meats which may be harvested during any one week (Monday to Sunday) is 1000 lbs.

7.12. Additional 4R provisions

In SFAs 13 and 14 licence holders are required to hail in when landing in ports outside Newfoundland and Labrador.

In SFA 14 licence holders are required to hail in when fishing in any portion of SFA 14 is in excess of 24 hours duration. The fishery in SFA 14B does not open until after the quota is taken in 14A.

In SFA 14A south licence holders are restricted to fishing Scallop in only one portion of SFA 14A, north or south of the 51 degree 25 minutes North latitude, during the same fishing trip.

7.13. Additional recreational provisions

No person fishing for Scallops, under a recreational Scallop fishing licence shall harvest Scallops on behalf of another recreational licence holder. A diver shall only harvest Scallops for their own bag limit. 

Scallops harvested in the recreational fishery shall not be traded, sold, or bartered.

Recreational Scallop licence holders may only use a vessel which is not currently registered to a commercial Scallop licence holder. Licence holders shall not harvest recreational Scallop and commercial Scallop on the same vessel.

7.14. Closed areas

Commercial Fishery

1. In an effort to protect Snow crab and Snow crab habitat, the Inshore Crab Fishing Areas in 2J3KL (SFAs 2,3,4,5,6,7,8,9) closed at all times to Scallop dragging. The Inshore Crab Fishing Areas in 2J3KL (SFAs 2,3,4,5,6,7,8,9) is defined as being inside a line connecting the following coordinates:
1. in that portion of SFA 2 (2HJ) inside a line drawn from:
   52° 32’ 10” North latitude, 55° 44’ 30” West longitude (Swiler’s Point)
   52° 32’ 25” North latitude, 55° 42’ 30” West longitude (Fish Rock)
   52° 35’ 08” North latitude, 55° 45’ 30” West longitude (George’s Cove Head)
   52° 36’ 05” North latitude, 55° 46’ 20” West longitude (Fishing Ships Harbour)
   52° 41’ 40” North latitude, 55° 46’ 30” West longitude (Cape St. Michael’s)
   52° 50’ 00” North latitude, 55° 48’ 20” West longitude (Cape Bluff)
   52° 53’ 25” North latitude, 55° 48’ 45” West longitude (Hawkes Bay, Southern Head)
   53° 08’ 20” North latitude, 55° 45’ 05” West longitude (Cox’s Head); and

2. in that portion of SFAs 03 to 09, inshore of a straight line connecting the following coordinates:
   52° 15’ North latitude, 55° 26’ West longitude
   52° 15’ North latitude, 54° 20’ West longitude
   51° 20’ North latitude, 54° 57’ West longitude
   51° 20’ North latitude, 54° 20’ West longitude
   51° 00’ North latitude, 54° 20’ West longitude
   51° 00’ North latitude, 55° 09’ West longitude
   50° 30’ North latitude, 55° 30’ West longitude
   50° 30’ North latitude, 54° 20’ West longitude
   50° 10’ North latitude, 54° 20’ West longitude
   50° 10’ North latitude, 53° 20’ West longitude
   49° 35’ North latitude, 53° 20΄ West longitude
   49° 35’ North latitude, 52° 50’ West longitude
   49° 15’ North latitude, 52° 50’ West longitude
   49° 15’ North latitude, 52° 51’ West longitude
   47° 26’ North latitude, 52° 03.7’ West longitude
   46° 28’ North latitude, 52° 31’ West longitude
   46° 12’ North latitude, 53° 32’ West longitude
   46° 17’ North latitude, 53° 32’ West longitude
   46° 30’ North latitude, 54° 18’ West longitude
   
2. In Scallop Fishing Area 9 you are authorized to harvest Scallop north of a straight line connecting:
   46° 37’ North latitude, 53° 36’ West longitude (Eastern Head, St. Mary’s Bay) to
   46° 49’ North latitude, 54° 12’ West longitude (Cape St. Mary’s)
3. With the separation of the inshore (less than 65’ LOA) and offshore (65’ LOA and greater) fleets in 3Ps, fishing is not authorized for the 3Ps inshore fleet in that portion of:
1. SFA 11 bounded by straight lines connecting the following coordinates (Middle Sea Scallop Bed):
   46° 05’ 18” North latitude 56° 35’ 31” West longitude
   45° 52’ 24” North latitude 56° 24’ 27” West longitude
   45° 48’ 09” North latitude 56° 35’ 37” West longitude
   46° 00’ 48” North latitude 56° 45’ 32” West longitude
   46° 05’ 18”North latitude 56° 35’ 31” West longitude; and
2. SFA 10 bounded by straight lines connecting the following coordinates (Southern Sea Scallop Bed):
   45° 47’ 46” North latitude, 55° 38’ 24” West longitude
   45° 28’ 14” North latitude, 55° 38’ 24” West longitude
   45° 28’ 14” North latitude, 56° 09’ 10.5” West longitude
   45° 47’ 46” North latitude, 56° 09’ 7.9” West longitude
   45° 47’ 46” North latitude, 55° 38’ 24” West longitude.
4. To protect Lobster and Lobster habitat in SFA 13, the Scallop fishery is closed from July 15 to August 16 each year. In addition the following measures are in effect to protect Lobster and Lobster habitat:
1. from August 16 to September 16, the fishery will be open in all of SFA 13 in water depths of greater than 5 fathoms, with the exception of that portion of Port au Port Bay from Bear Cove Brook Point to Broad Cove Point where fishing will be restricted to water depths of greater than 10 fathoms; and
2. from September 16 to December 31, the fishery will be open for all water depths in all of SFA 13, with the exception of that portion of Port au Port Bay from Bear Cove Brook Point to Broad Cove Point where fishing will be restricted to water depths of greater than 5 fathoms.
5. To protect Lobster and Lobster habitat St. Margaret’s Bay is closed at all times to Scallop dragging. St. Margaret’s Bay is defined as being inside a line connecting the following coordinates:
   Ferrolle Point at 51° 01' North latitude, 57° 06' West longitude to
   Dog Point at 51° 03' North latitude, 56° 59' West longitude
6. To protect Lobster and Lobster habitat St. Genevieve Bay is closed at all times to Scallop dragging. St. Genevieve Bay is defined as being inside a line connecting the following coordinates:
   Cape St. Genevieve at 51° 08' North latitude, 56° 52' West longitude to
   Pond Point at 51°11' North latitude, 56°49' West longitude.
7. A portion of SFA 14 is closed to commercial Scallop dragging to protect a submarine transmission cable and berm. Fishing is not authorized inside straight lines connecting the following co-ordinates:
   51° 23’ 10.5171” North latitude, 56° 39’ 15.5647” West longitude
   51° 22’ 13.9423” North latitude, 56° 39’ 7.9228” West longitude
   51° 21’ 56.8829” North latitude, 56° 47’ 15.5419” West longitude
   51° 21’ 12.4513” North latitude, 56° 54’ 30.5283” West longitude
   51° 22’ 52.9052” North latitude, 56° 56’20.5118” West longitude
   51° 24’ 48.1215” North latitude, 56° 54’ 50.9076” West longitude
   51° 25’ 21.9795” North latitude, 56° 56’ 34.2413” West longitude
   51° 26’ 4.8188” North latitude, 56° 55’ 57.7279” West longitude
   51° 25’ 11.4442” North latitude, 56° 53’ 14.8251” West longitude
   51° 22’ 50.7083” North latitude, 56° 54’ 45.1268” West longitude
   51° 22’ 13.4446” North latitude, 56° 53’ 58.7558” West longitude
   51° 22’ 53.4166” North latitude, 56° 47’ 23.2984” West longitude
   51° 23’ 10.5171” North latitude, 56° 39’ 15.5647” West longitude
   

Recreational fishery

1. In SFA 4, fishing for Scallop is not permitted in the area known as Charles Arm, Notre Dame Bay (Botwood Area) by means of any fishing gear type.
2. In SFA 5, fishing for Scallop is not permitted within the following areas of the Eastport Marine Protected Area:
1. Round Island: That portion of Scallop Fishing Area 5, within 650 feet of the shore of Round Island, Newman Sound, Bonavista Bay.
2. Duck Island: That portion of Scallop Fishing Area 5, bounded by a straight line joining the following coordinates in the order in which they are listed:
   48° 44' 30" North latitude, 53° 42' 06" West longitude
   48° 43' 54" North latitude, 53° 41' 18" West longitude
   48° 44' 30" North latitude, 53° 40' 42" West longitude
   48° 45' 06" North latitude, 53° 41' 18" West longitude
   48° 44' 30" North latitude, 53° 42' 06" West longitude
   
3. In SFA 9, fishing for Scallop is not permitted in St. Mary's Bay, shoreward of a line drawn from Cape St. Mary's to Eastern Head by means of any fishing gear type.
4. In SFA 10, fishing for Scallop is not permitted in that part of Placentia Bay that is shoreward of a straight line drawn between Point Verde and Red Harbour Head by means of any fishing gear type.
5. In SFA 11, fishing for Scallop is not permitted by means of scuba in that part of:
1. Connaigre Bay that is shoreward of a straight line drawn from Seal Cove, Fortune Bay to Connaigre Head, Fortune Bay.
2. Long Harbour, Fortune Bay that is shoreward of a straight line drawn between Long Harbour Point and Friar Head.
6. In SFA 13, fishing for Scallop is not permitted by means of any fishing gear type in that part of Port au Port Bay that is shoreward of a straight line from Long Point to Bluff Head between April 20 to July 05.
7. In SFA 14, fishing for Scallop is not permitted by means of any fishing gear type in that part of St. Genevieve Bay that is shoreward of a straight line from Pond Cove to Forrester's Point.
8. There are other restricted locations throughout the Province of Newfoundland and Labrador where it is illegal to take Scallops and/or other shellfish. These are additional to the closed areas listed above and include such areas as: shellfish farm leases, experimental sites, and areas closed under the provisions of the Management of Contaminated Fisheries Regulations. Fishing in these areas could result in enforcement action being taken. In case of contaminated areas it could mean serious illness or death. Check with the nearest DFO Office for these closures.

7.15. Species at Risk Act (SARA)

In accordance with the recovery strategies for the northern wolffish (Anarchichas denticulatus), spotted wolffish (Anarchichas minor), and leatherback sea turtle (Dermochelys coriacea), the licence holder is permitted to carry out commercial fishing activities authorized under the Fisheries Act that may incidentally kill, harm, harass, capture or take the northern wolffish and/or spotted wolffish as per subsection 83(4) of the Species at Risk Act, and the license holder is permitted to carry out commercial fishing activities authorized under the Fisheries Act that are known to incidentally capture leatherback sea turtles.

Licence holders are required to return northern wolffish, spotted wolfish, or leatherback sea turtle to the place from which it was taken, and where it is alive, in a manner that causes the least harm.

Licence holders are required to report in their logbook any interaction with northern wolffish, spotted wolfish, or leatherback sea turtles.

7.16. Consumption of scallop

On the recommendation of the Canadian Food Inspection Agency (CFIA), DFO advises both commercial and recreational harvesters not to consume any portion, other than the adductor muscle, meat, from Scallops that are harvested from the shoreline and adjacent waters surrounding the province of Newfoundland and Labrador.

8. Shared stewardship arrangements

8.1. Oceans initiatives promoting shared stewardship

DFO NL Region is leading initiatives in integrated oceans management, including MPA network planning, within the Newfoundland-Labrador Shelves Bioregion, and the 4R portion of the Estuary and Gulf of St. Lawrence Bioregion. This provides a collaborative governance model founded on principles of shared responsibility. As a result, stewardship is promoted by providing a forum for consultation with the stakeholders who want to be engaged in marine resource or activity management decisions that affect them.

Aligning integrated oceans management with fisheries management plans will support evidence based resource use and fisheries management decisions, made with input from multiple interests including commercial fisheries and other stakeholder groups.

9. Compliance plan

9.1. Conservation and protection program description

The deployment of Conservation and Protection (C&P) resources in the scallop fishery is conducted in conjunction with management plan objectives and established operational work plans, as well as in response to emerging issues. The mix of enforcement options available and overriding conservation objectives determine the level and type of enforcement activity. Work plans at the regional, area and detachment level are designed to establish priorities based on management objectives and conservation concerns. The monitoring and evaluation elements of enforcement work-plans facilitate in-season adjustments should conservation concerns and/or significant occurrences of non-compliance emerge.

9.2. Compliance performance

The Conservation and Protection (C&P) program promotes and maintains compliance with legislation, regulations, policies, and management measures. This program is delivered through a balanced regulatory management and enforcement approach. Specifically:

• promotion of compliance through education and shared stewardship
• monitoring, control and surveillance (MCS) activities
• management of major cases and special investigations in relation to complex compliance issues
• use of intelligence data supplied through the National Fisheries Intelligence Service

Pillar 1: Education and Shared Stewardship

Conservation and Protection Supervisors and Area Chiefs will actively participate in annual consultations with the fishing industry and aboriginal organizations. Compliance issues will be presented and recommendations requested for resolution. As well, informal meetings will continue as required to resolve in-season matters. 

Part of the education pillar will have C&P present and discuss fisheries conservation with fishers on a regular basis. The resulting information will be used as part of the planning process within C&P. 

Pillar 2: Monitoring Control & Surveillance

C&P will promote compliance with the management measures governing the Newfoundland & Labrador Scallop fishery by the following means: C&P Patrols, Dockside Inspections, At-Sea Inspections, Aerial Surveillance, Dockside Monitoring, Vessel Monitoring System (VMS) review, and through At-Sea Observer Deployments.

Pillar 3: Major Case

Major case management consists of investigations into reports of large-scale fraud and collusion.

9.2.1. Compliance monitoring

C&P Detachments will conduct Scallop patrols by vehicle, vessel, and fixed wing aircraft. 

Detachments will ensure that monitoring and inspections of fish landing activity are to be carried out as required. Where a vessel is inspected, officers will ensure that catch composition, weight verification and size/species variation sampling is conducted. 

The Dockside Monitoring Program (DMP) provides for independent third-party verification of landed catch by a DFO certified Dockside Observers. DMP is required in the Scallop fishery for all landings.

C&P will ensure that surveillance flights are conducted throughout the season as part of the operational plan. Dedicated air surveillance patrols are conducted in the Scallop fishery areas utilizing DFO contracted air surveillance aircraft.

The VMS system will be relied upon to provide real-time data on the location of vessels within this fleet. Utilization of this resource will assist officers in monitoring fishing activity, monitoring closed areas, deploying resources, determining the port of destination and the estimated time of arrival to port. The VMS data will also be relied upon to conduct future analysis and comparisons of fishing activity.

At-Sea Observers will be deployed in accordance to the established deployment plan to observe, record and report aspects of the fishing activity. The resulting data will be utilized to compare catch composition of vessels (observed trips vs. non observed trips). Observer coverage is a key program activity in the offshore fishery.

Fishery Officers will review quota monitoring reports to ensure individual quotas are not exceeded.

9.2.2. Current compliance issues

Compliance concerns in this fishery include fishing closed areas, fishing during closed times, discarding, misreporting area of capture and the identification of Iceland verses Sea scallop meats.

9.2.3. Compliance strategy

C&P develops operational plans that outline monitoring and compliance activities that will be carried out by C&P personnel adjacent to inshore Scallop management areas. Detachments will promote effective monitoring and enable personnel to effectively maintain compliance with management measures

The objectives of the operational plans are to provide a body of information that will provide guidance to C&P personnel, while engaged in monitoring and reviewing of fisheries, to ensure compliance and conduct investigations. Sources of information to be used include vessel positioning data, officer inspection data, fishing logs, DMP records, and At-Sea Observer records. Operational plans and program results will be routinely assessed to ensure compliance principles are met.

9.3. Consultation

Shared stewardship and education are achieved in the Scallop fishery through a renewed emphasis on the importance of C&P communication with the community at large including:

• C&P participate in advisory meetings with Resource Management, other DFO branches and industry to determine expectations in relation to monitoring, control and surveillance activities.
• Presentations to client/stakeholder groups, including school visits or community programs.
• Informal interaction with all parties involved in the fishery on the wharf, during patrols or in the community to promote conservation.
• Internal DFO consultation with Resource Management and other DFO branches to assess the effectiveness of enforcement activities and to develop recommendations for the upcoming season.

9.4. Compliance performance

Post season analysis sessions will be conducted between C&P and Resource Management staff to review issues encountered during the previous season and to make recommendations on improving management measures. The initial sessions will be conducted at the Area level, followed by a regional session that will be held with other sectors. 

10. Performance review

• Evaluation criteria to measure the effectiveness of the management regime include:
• Species Quota Reports showing the catch levels in relation to quotas.
• Collect logbook data from fish harvesters.
• Use logbook data in scientific analysis.
• Feedback from Scallop fish harvesters at advisory meetings
• Number of hours Fishery Officer spent on Scallop related activities.
• Number of occurrences and violations.
• C&P also review all inspections, observer trip summaries and DMP reports to note and action any deficiencies. All compliance issues are normally addressed prior to the next season
• Post-season Review (internal) which is used to review all aspects of the fishing season, in conjunction with other sectors.
• Fishery Check List (internal), review and assess identified gaps.

11. Glossary Terms / Acronyms

Abundance - Number of individuals in a stock or a population.

AFS – Aboriginal Fisheries Strategy

Age Composition - Proportion of individuals of different ages in a stock or in the catches.

ATP – Allocation Transfer Program

Biomass - Total weight of all individuals in a stock or a population.

By-catch - The unintentional catch of one species when the target is another.

Catch per Unit Effort (CPUE) - The amount caught for a given fishing effort. For example: tons of Shrimp per tow, kilograms of fish per hundred longline hooks.

Cluckers - Dead Scallops with non-disarticulated valves.

Communal Commercial Licence - Licence issued to Aboriginal organizations pursuant to the Aboriginal Communal Fishing Licences Regulations for participation in the commercial fishery.

Committee on the Status of Endangered Wildlife in Canada (COSEWIC) - Committee of experts that assess and designate which wild species are in some danger of disappearing from Canada.

DFO - Fisheries and Oceans Canada

Discards – A portion of a catch returned to the water after being caught in fishing gear.

Dockside Monitoring Program (DMP) – A monitoring program that is conducted by a company that has been designated by Fisheries and Oceans Canada, which verifies the species composition and landed weight of all fish landed from a commercial fishing vessel.

FFAW – Fisheries, Food and Allied Workers Union

Fishing Effort - Quantity of effort using a given fishing gear over a given period of time.

Fishing Mortality - Death caused by fishing, often symbolized by the Mathematical symbol F.

Food, Social and Ceremonial (FSC) – A fishery conducted by Aboriginal groups for food, social and ceremonial purposes.

HSP – Habitat Management Program

Landings - Quantity of a species caught and landed.

LOMA – Large Ocean Management Area

Mesh Size - Size of the mesh of a net. Different fisheries have different minimum mesh size regulation.

Mobile Gear – A type of fishing gear that is drawn through the water by a vessel to entrap fish. These include otter trawls, Danish/Scottish seines, and Scallop drags/dredges.

MPA – Marine Protected Area

NAFO – North Atlantic Fisheries Organization

Natural Mortality – Mortality due to natural causes, symbolized by the mathematical symbol (M).

Observer Coverage – an officially recognized at-sea observer who sails with a licence holder on a fishing trip to verify the amount of fish caught, the area in which it was caught and the method by which it was caught, plus sampling of the catch and other duties as required.

Population - Group of individuals of the same species, forming a breeding unit, and sharing a habitat.

Precautionary Approach (PA) – Set of agreed cost-effective measures and an action, including future courses of action, which ensures prudent foresight, reduces or avoids risk to the resource, the environment, and the people, to the extent possible, taking explicitly into account existing uncertainties and the potential consequences of being wrong.

Quota - Portion of the total allowable catch that a unit such as vessel class, country, etc. is permitted to take from a stock in a given period of time.

Recruitment - Amount of individuals becoming part of the exploitable stock e.g. that can be caught in a fishery.

Research Survey – A scientific at-sea survey to obtain information on various species, such as abundance, distribution, and other data, and oceanography. 

Scallop Fishing Area (SFA) – A sub-area with specific Scallop management policies and measures. As defined in the Atlantic Fishery Regulations, Schedule XIII, Part II.

Species at Risk Act (SARA) - The Act is a federal government commitment to prevent wildlife species from becoming extinct and secure the necessary actions for their recovery. It provides the legal protection of wildlife species and the conservation of their biological diversity.

Spawning Stock – Sexually mature individuals in a stock.

Stock - Describes a population of individuals of one species found in a particular area, and is used as a unit for fisheries management. Ex: NAFO area 4R Herring.

Stock Assessment - Scientific evaluation of the status of a species belonging to a same stock within a particular area in a given time period. 

Total Allowable Catch (TAC) - The amount of catch that may be taken from a stock.

Tonne (t) - Metric tonne, which is 1000kg or 2204.6 pounds.

Vessel Size - The overall length of a vessel.

VMS – Vessel Monitoring System

WWF – World Wildlife Fund

Year-class - Individuals of a same stock born in a particular year; also called "cohort".

Appendix 1: Number of Licences by NAFO Division

Appendix 2: Total Allowable Catch (TAC)

Appendix 3: Historical landings

Appendix 4: Map of scallop fishing areas in Newfoundland and Labrador

Appendix 5: Vessel classes

Appendix 6: Departmental contacts